Kentucky Abolition of Abortion Act (BR 143)

BR 143 would make it a felony to perform an abortion in the state of Kentucky, except in the case of a medical emergency.

The bill defines abortion to mean “the use of any means whatsoever to terminate the pregnancy of a woman known to be pregnant with the intent to cause the death of the unborn child.”

The bill defines fertilization to mean “the fusion of a human spermatozoon with a human ovum.”

The bill defines unborn child to mean “a human being from fertilization until live birth.”

The bill would amend fetal homicide law to apply not only to a physician performing an abortion, but the pregnant person receiving one as well. Abortion would be considered a capital offense, though the bill prohibits a death sentence.

Confusingly, the bill leaves language in place that permits an abortion being performed if it is “during the first trimester of pregnancy by a woman upon herself upon the advice of a licensed physician or by a licensed physician,” or “after the first trimester of pregnancy […] by a duly licensed physician in a hospital duly licensed by the Kentucky Health Facilities and Health Services Certificate of Need and Licensure Board.”

STATUS

Prefiled in October of 2017.

Update #1

The bill was withdrawn on December 19, 2017, a few weeks before the 2018 legislative session even began.

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